There are many considerations that impact what your rights are after the termination of your employment such as whether your workplace was provincially or federally regulated, whether there was just cause for the dismissal, whether you had an employment contract with a valid termination clause, the type of employment, the availability of similar work as well as your age and length of service. It is unsettling to lose a job and you may have many questions. While the information on this webpage is only general information, I can advise clients on key questions such as the following during an individual consultation.
Has my employer offered me enough? Many employers offer their employees or former employees considerably less notice or pay than a court would award, which makes it a wrongful termination. I can negotiate for a fairer settlement on behalf of clients or seek to vindicate their rights in court.
Am I only entitled to the termination pay described in my employment contract? Maybe. Maybe not. It is not unusual to find termination clauses in employment contracts that can be challenged. If the termination clause in the employment contract is invalid, the former employee may be entitled to the notice or pay that a court would award under the common law, which can be much more. I can help clients understand if they are entitled to more than is stated in their employment contract.
Was there just cause for the termination of my employment? In order to not provide any notice or pay anything when terminating employment, an employer will generally require a very good reason. In a limited number of circumstances, an employer will need a good reason to terminate the employment in the first place. I can advise clients on whether their employer requires just cause for its actions and, if so, whether their employer’s reasons are actually good enough.
Do I have to agree to what my employer offered me by their deadline? The most important deadlines are those that are imposed by the law. On the other hand, once a former employee has accepted an offer and signed a release, it may not be possible to get everything they deserve. It is important to promptly get legal advice before signing anything, and I have a process to quickly intake clients and provide them with the advice they need.
Can I be reinstated? In limited circumstances, employees who have had their employment terminated can seek reinstatement. I can help clients understand whether they have a viable avenue to reinstatement and advocate for reinstatement on their behalf if appropriate.
